Terms of Service

 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

These terms of use (“Terms”) constitute a legal agreement between you and Jibli, (“Jibli,” “we,” “us”). Any person who uses Jibli.com (the “Site”) or any associated mobile applications (the "Apps") is a “User” and agrees to these Terms governing his or her use of the services offered via the Site (the “Services”).

If you do not agree to these Terms, you may not access or use the Service. These Terms expressly supersede prior agreements or arrangements with you. Jibli may immediately terminate these Terms or any Service with respect to you, or generally cease offering or deny access to the Service or any portion thereof, at any time for any reason.

Jibli reserves the right to modify these Terms at any time in accordance with provision. If we make change to these terms, the user will be asked to re-agree on the new Terms to gain access to the Services.

Our collection and use of personal information in connection with the Services is as provided in Jibli’s Privacy Policy located at https://www.jibli.com/legal. Jibli may provide to a claim’s processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and other member and such information or data is necessary to resolve the complaint, dispute or conflict.

 

The Services

The Services constitute a technology platform that enables users of Jibli’s mobile application to publish the details of a specific item they need someone to bring(“Request”) or express the willingness to bring other members request through assigning themselves to the requests (“I can bring”) and contacting the requester to arrange the delivery.

Unless otherwise agreed by Jibli in a separate written agreement with you, the Services is made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT JIBLI DOES NOT OWN, CREATE, SELL, RESELL, PROVIDE, CONTROL, MANAGE, OFFER, DELIVER OR SUPPLY ANY REQUESTED ITEM AND THAT ALL REQUESTS ARE AVAILABLE FOR MEMBERS TO FULLFIL AND MEMBERS WHO CHOOSE TO FULLFIL A REQUEST ARE RESPONSIBLE FOR ALL THEIR ACTIONS REGARDING THAT REQUEST AND ALL INTERACTIONS WITH THE REQUESTER.

Requests fulfillers are independent Jibli users who are not employed by Jibli or any of its affiliates.

License

Subject to your compliance with these Terms, Jibli grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Jibli and Jibli’s licensors.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Jibli; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Ownership

The Services and all rights therein are and shall remain Jibli’s property or the property of Jibli’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Jibli’s company names, logos, product and Services names, trademarks or services marks or those of Jibli’s licensors.

Use of the Services

User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Jibli certain personal information, such as your first and last name, address, mobile phone number and the acceptance of this terms. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or Jibli’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account sign in information at all times. Unless otherwise permitted by Jibli in writing, you may only possess one Account.

User Requirements and Conduct

The Services is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., requesting drugs). You will not, in your use of the Services, cause nuisance, annoyance or inconvenience, whether to the Jibler or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Text Messaging

By creating an account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You acknowledge that you can’t opt out of receiving text (SMS) messages.

User Provided Content

Jibli may, in Jibli’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Jibli through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Jibli, you grant Jibli a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Jibli’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Jibli the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Jibli’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Jibli in its sole discretion, whether or not such material may be protected by law. Jibli may, but shall not be obligated to, review, monitor, or remove User Content, at Jibli’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Jibli does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Payment

Service Fees

Jibli may charge fees to each request (“Jibli Fees”) in consideration for the use of the Jibli platform. Jibli fees are indicated per request in the request details screen and they are deducted from the amount the requester is willing to pay.

The request fulfillers (“Jiblers”) are responsible for paying any Jibli fees that they owe to Jibli.

Tax

As a Jibler you are solely responsible for determining your obligations report, collect ore remit any applicable VAT or other indirect sales, occupancy, income or any other taxes where required by law. Payments are final and nonrefundable unless otherwise determined by Jibli.

Payment Methods

Payment is due immediately upon confirmed delivery and will be facilitated by Jibli using the preferred payment method designated in your account.

DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” JIBLI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, JIBLI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. JIBLI DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF JIBLERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIABILITY

JIBLI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF JIBLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JIBLI SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY JIBLER, EVEN IF JIBLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JIBLI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND JIBLI’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT JIBLERS WHO ARE PROVIDING THE SHOPPING AND DELIVERY SERVICES REQUESTED MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL JIBLI’S HAS ANY LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ANY DAMAGE OR LOSS.

JIBLI’S SERVICES MAY BE USED BY YOU TO REQUEST THE PURCHASING AND DILIVERY OF GOODS, BUT YOU AGREE THAT JIBLI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY JIBLERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

Indemnity

You agree to indemnify and hold Jibli and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) Jibli’s use of your User Content;

Notice

Jibli may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Jibli using electronic mail to Jibli`s email address at info@jibli.com.

Others

You may not assign or transfer these Terms in whole or in part without Jibli’s prior written approval. You give your approval to Jibli for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Jibli’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Jibli or any Jibli`s Members as a result of the contract between you and Jibli or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

 

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